HomeMy WebLinkAbout91-08 Regarding "Story" Definition and Accessory Structure StandardsORDINANCE NO. 91-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE
COSTA MESA MUNICIPAL CODE REGARDING "STORY"
DEFINITION AND ACCESSORY STRUCTURE STANDARDS, AND
REPEALING CHAPTER XI.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
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SECTION 1. The City Council of the City of Costa Mesa finds and -
declares as follows:
WHEREAS, the current definition of story excludes uncovered decks
above the first story, thereby resulting in decks above allowable living
areas that may encroach into neighboring residents' privacy; and
WHEREAS, accessory structure setback requirements on R3 and R4 lots
should not be more restrictive than for R2 lots; and
WHEREAS, residential accessory structures are typically allowed by the
Planning Commission in the front half of the lot if they are adequately
screened and compatible with the main structure(s); and
WHEREAS, granny units and accessory apartments, like the primary
single-family house, should follow. main structure setbacks and building
separation standards to provide adequate privacy both on the lot and for
adjoining residents on adjacent lots; and
WHEREAS, Chapter XI of Title 13 of the Costa Mesa Municipal Code which
delegates decision-making authority from the City Council to the Planning
Commission for certain permits has been rendered unnecessary due to subse-
quent amendments to other sections of the Costa Mesa Municipal Code that
also specify the Planning Commission as the decision-making authority.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends
Title 13 of the Costa Mesa Municipal Code as hereinafter set forth.
SECTION 2. The definition of "story" contained in Section 13-40 of
the Costa Mesa Municipal Code is hereby anended to read as follows:
"Story: That, portion of a building included between the surface of
any floor and the surface of the floor next above it. If there is no
floor above it, then the space between such floor and the ceiling
next above it shall constitute a story. If the finished floor level
directly above the basement or cellar is more than an average of four
(4) feet above finish grade, such basement or cellar shall be consid-
ered a story. Any uncovered deck or activity area above the first
story shall be considered a story."
SECTION 3. Subsections 1, 2, and 3 of Section 13-129 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"1. Accessory buildings shall not occupy more than fifty (50) per-
cent of the required rear yard, except that granny units shall
comply with main structure rear yard standards.
2. Accessory buildings shall be a minimum of six (6) feet from any
main structure, except that granny units shall be a minimum of
ten (10) feet from any main structure.
3. Accessory buildings or structures constructed closer than seventy-
five (75) feet from the front property line or on the front one-
half (1/2) of the lot, whichever is less, shall be reviewed by
the Planning staff for adequate screening and compatibility with
the main structure."
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SECTION 4. Subsection (d) is added to Section 13-131 of the Costa Mesa
Municipal Code to read as follows:
"(d) Accessory apartments shall comply with main structure setbacks
and shall be a minimum of ten (10) feet from any main structure
and a minimum of six (6) feet from any accessory building."
SECTION 5. Section 13-151 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Section 13-151. Accessory buildings and structures. Same as R2 (see
Section 13-139)."
SECTION 6. Section 13-177 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Section 13-177. Accessory buildings and structures. Same as R2,
except accessory buildings may occupy up to seventy -f ive (75) percent
of the required rear yard."
SECTION 7. Chapter XI, Sections 13-800 through 13-805 of the Costa
Mesa Municipal Code are hereby repealed and said Chapter and Section numbers
are hereby reserved for future use.
SECTION 8. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once in
the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to
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be published the aforementioned summary and shall post in the office of
the City Clerk a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 15th day of April, 1991.
ATTEST:
T Qt:�aC
Deputy Ci Clerk of the City of
Costa Mes
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
--)T-Q2Lg&C�/ A"CP62-
Mayor o the City of Costa Mesa
PPROVED AS TO FORIM
CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa-, hereby certify that the above and fore-
going Ordinance No. 91-8 was introduced and considered section by section
at a regular meeting of the City Council held on the 1st day of April,
1991, and thereafter passed and adopted as a whole at a regular meeting of
the City Council held on the 15th day of April, 1991, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL 14EMBERS :a�-
U
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 16th day of April, 1991.
C•ty Clerk and ex -off id -To - e
City Council of the City of Costa ffesa
By: l
Deputy Cit Clerk
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